Terms and Conditions
Digital Marketing & Advertising Services
- Introduction: By engaging Top Ad Online for Advertising Services, you (the “Business Owner”), whether directly or as an agent for another business owner, agree to be bound by these Terms and Conditions, encompassing current and future services.
- Acceptance: Acceptance of these Terms and Conditions is confirmed either verbally for key provisions or through affirmative action, such as clicking “Place Order”. If not accepted within 30 days of presentation, Top Ad Online’s initial offer is withdrawn and subject to renegotiation.
- Refunds: Due to the nature of our services, refunds are not available. Business Owners are responsible for their payments and any overdrawn accounts due to auto withdrawals. Services may be discontinued with a minimum of 30 days written notice.
- Personal Information: Business Owners agree to receive account-related and service information, as well as marketing communications from Top Ad Online. Opting out is unavailable during the service period. Top Ad Online’s privacy policy governs the handling of personally identifiable information.
- Recurring Payments and Term: The Agreement commences upon acceptance of these terms. Billing includes a one-time setup fee and recurring monthly payments as per the order form agreement.
- Modification: Top Ad Online may modify terms, conditions, and service offerings, with price adjustments effective upon the next renewal date after a 30-day notice.
- Access: Business Owner grants Top Ad Online access to necessary platforms for campaign management. Business Owner agrees to use provided access responsibly and solely for managing their advertising account.
- Ownership of Non-Business Owner Property: Top Ad Online retains ownership of all materials and technology used in providing the Advertising Services. Discontinued services may lead to the removal of these materials from the Business Owner’s platforms.
- Business Owner’s Site: For non-Top Ad Online designed websites, Business Owner remains responsible for the site’s operation and content. Use of Top Ad Online or partner content must be under a separate agreement.
- Business Owner Covenants: Business Owner agrees not to solicit Top Ad Online’s employees or contractors for a year post-agreement termination and acknowledges shared data rights with promotional partners.
- Indemnification: Business Owner will defend and indemnify Top Ad Online against any claims arising from the provided Advertising Services or Business Owner’s actions.
- Additional Assistance: For any extra services, Business Owner agrees to provide necessary access for implementation.
Waiver: Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver of any other breach or default of this Agreement.
Entire Understanding: This document, with any other materials, documents, understandings, or agreements incorporated by reference herein, and any exhibit, schedule, or other supplementary document attached hereto, constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
Attorneys’ Fees: In the event a dispute arises between the parties hereto, then the prevailing party in such dispute, whether or not a final decision is ultimately rendered by the court, shall be entitled to receive its attorneys’ fees reimbursed from the non-prevailing party.
Survival: The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination.
Severability: In the event that any clause, term, or provision of this Agreement is found to be unenforceable or otherwise disfavored under law or public policy such that a court of law would not enforce the same, then the same shall be severed from this Agreement and the remainder of the Agreement shall remain in full force and effect, and applied in a manner which most closely fulfills the original intent of the parties hereto.
Web Hosting Plans
- Scope of Service: This Hosting service (“Hosting Service”) is provided by Top Ad Online (“Provider”). The Hosting Service includes hosting the client’s website on the Provider’s servers, utilizing third-party solutions. For detailed information about the hosting plan features, please refer to our Web Hosting page.
- Payment Terms: The Hosting Service fees can be paid on either a monthly or annual basis, as detailed in the Intake form. Clients agree to automatic renewals of the service. Details regarding the renewal process and notifications will be communicated to ensure transparency and convenience.
- No Contract Term: Clients may opt for a month-to-month or annual subscription. There is no requirement for a long-term contractual commitment, providing flexibility to adapt to changing needs.
- Refunds: Clients are eligible for a refund if a cancellation request is made within 7 days of purchasing the plan. Beyond this period, refunds are not available for any pre-paid plans or for unused portions of the Hosting Service. This policy ensures fairness while allowing clients a trial period to assess the service.
- Technical Support: For technical assistance, clients are encouraged to open a support ticket via their hosting dashboard. Our team endeavors to respond to all inquiries within 24 to 72 hours, ensuring timely and effective resolution of issues.
- Communication: The primary method of communication for service-related inquiries is through the hosting dashboard, for which all clients receive an email invitation. Alternatively, clients can raise a support ticket.
- Liability: The Provider is not responsible for any indirect, special, incidental, or consequential damages that may arise from the use of the Hosting Service. This limitation of liability is standard in the industry and ensures a balanced responsibility between the Provider and the client.
- Amendments: The Provider reserves the right to modify these terms and conditions at any time. Clients will be notified of any significant changes via email or a notice on our website to keep them informed and up-to-date.
- Governing Law: These terms and conditions are governed by and construed in accordance with the laws of Florida, USA. This ensures legal clarity and compliance with local regulations.
Web Maintenance Plans
- Scope of Service: The Maintenance service (“Maintenance Service”) is offered by Top Ad Online. This service encompasses regular updates and maintenance of the existing content on the client’s website. For detailed information about our maintenance plan, please visit our Web Maintenance page.
- Payment Terms: Clients have the option to pay for the Maintenance Service either monthly or annually. Monthly payments are required in advance of the service date. Maintenance activities are scheduled between the 27th and the 30th of each month, ensuring regular and consistent service.
- No Contract Term: The Maintenance Service is offered on a flexible, month-to-month basis, with no requirement for a long-term commitment, allowing clients the freedom to adjust their service needs as necessary.
- Refunds: Given the nature of the Maintenance Service, refunds are not available for any pre-paid plans or for portions of the service that go unused. This policy reflects the commitment to providing ongoing service throughout the subscription period.
- After Sign-Up: Upon successful registration for the service, clients will receive:
- An immediate welcome email, confirming the start of the service.
- Monthly email updates detailing the maintenance work performed, sent by the 4th of every month.
- Content Updates: Requests for updates to existing content can be made through this Support Ticket link. The Service includes updates to text and images on the client’s website but does not extend to the creation of new pages or significant website redesigns.
- Additional Charges: Should the client require the creation of new pages or content that falls outside the standard maintenance scope, these services will incur additional charges. These will be communicated and agreed upon prior to commencement, ensuring transparency and client approval.
- Technical Support: For technical assistance, clients are encouraged to open a support ticket. This process ensures a prompt and efficient resolution to any issues.
- Communication: The primary method of communication is via email, with an expected response time within 24 to 72 hours.
- Limitation of Liability: Top Ad Online is not liable for any indirect, special, incidental, or consequential damages arising from the use of the Maintenance Service, whether in contract, tort, or otherwise.
- Amendments: The Provider reserves the right to modify these terms and conditions at any time, with changes being communicated to clients as appropriate.
- Governing Law: These terms and conditions are governed by the laws of Florida, USA, and shall be interpreted accordingly.
Last Updated: 03.22.2024